2018-12-11 Services & Organisation Committee Agenda

SERVICES & ORGANISATION COMMITTEE MEETING AGENDA   11 DECEMBER 2018




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SERVICES & ORGANISATION COMMITTEE MEETING AGENDA                                         11 DECEMBER 2018

                                                                      ww               m
                                                                          Queensland
                                                                          Integrity Commissioner

   I consider that councillors due to their local k       d understanding of the issues, are best placed
   to decide what course of action is in the pu          t. Factors relevant to any consideration as to
   whether Council should also implement Autom:          ording, include the following:

   Factors that favour supplementary Automated Recording

         °      Verbatim recording of Council meetings provides a highly accurate and reliable record of
               Council decisions, debate and processes. This enhanced transparency, although not
               strictly required, is likely to enhance community trust and faith in public officials and their
                decision making.

         °     There does not appear to be any legal fetter in the LGA or LGR to Council adopting
               supplementary Automated Recording and it may in some ways be consistent with the
               local government principles and your responsibilities as a Councillor.

         °     The use of Automated Recording can be relatively unobtrusive and is arguably, unlikely
               to cause disruption, contention or hinder a Council meeting or the operations of local
               government.

         °      Automated Recording provides a greater opportunity for public scrutiny of a councillor’s
               position on an issue and scrutiny of individual conduct at Council meetings. This in turn
               has the potential to enhance the democratic process through greater accountability and
               transparency of individual councillor’s actions.

         °      Automated Recording is in line with growing community expectations for immediate or
               fast access to alternative electronic formats, particularly over the internet. Councils that
                adopt these means have the potential to be seen as responsive and aligned with
               community needs.

         °      In the event that a Council decision is challenged, Automated Recording might be used as
               best evidence of its decisions and deliberations.

   Factors against supplementary Automated Recordin;

         °      Automated Recording alone would seemingly not satisfy the legal requirements under the
                LGA and LGR in relation to the recording of minutes and other mandatory information.

         °      Automated Recording could potentially increase legal risks and administrative burden
                and thereby increase Council costs. For example, Council would be required to ensure
               compliance with public recording keeping law, defamation law, copyright law and
               privacy legislation. These risks would be heightened in the case of live streaming or, where
                Automated Recording could not be monitored or edited prior to publication. Council may
                also require further policy development to mitigate any legal risks and implement a
               system of recording.

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